BHARATSINH CHHATRASINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 111 9 7 0 5 4 2 0 0 1 7 5 registered with Varnama Police Station, District: Vadodara for the offenses punishable under Sections 307 , 323 , 504 , 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that initially the offence was registered under section 307 of IPC and subsequently after a month the victim died due to natural cause and placed reliance upon the postmortem report wherein in column No.23 the cause of death is due to cardio-respiratory failure due to cardiac arrest due to myocardium-infaction. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

(3.) Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.